Prosecutors' perceptions of the utility of 'relationship' evidence in sexual abuse trials

For successful prosecution of sex offences, defined elements that comprise each charge (such as the acts that occurred and offenders’ identities) need to be established beyond reasonable doubt. This study explored the potential benefit (from a prosecution perspective) of eliciting another type of evidence; evidence regarding the relationship between the victim and perpetrator that may explain the victim’s responses.

Fourteen prosecutors representing every major Australian jurisdiction participated in individual interviews or a focus group where they were asked to reflect on the perceived relevance of relationship evidence in sex offence trials, and the potential impact of this evidence on court process and outcomes.

All prosecutors gave strong support for the premise of including relationship evidence in victim and witness statements, as well as in suspect interviews; however, this type of evidence was not routinely being included in interviews or admitted in trials.

The majority of the discussion centred on:

Sexual abuse in 'Disgrace' and 'Cereus Blooms at Night': the case for hope

Abuse is rife in Disgrace by J.M. Coetzee and Cereus Blooms at Night by Shani Mootoo. Sexual violence is in both narratives, part of their richly textured social, emotional and political worlds. Fiction involving various traumas seems bleak, almost hopeless, perhaps weighted by sadness. Yet both these novels, even through depictions of rupturing, disruptive rape, trigger a recognition of possibility and potential among characters and perhaps readers. It is in this open ended potential for betterment of some kind that hope lies. What is the nature of hope and to what extent is it present in these novels? In this paper, I explore the emotion of hope in relation to the notion of becoming as elaborated on by Gilles Deleuze and Felix Guattari particularly in A Thousand Plateaus. They expound on Remy Chauvin‟s term “aparallel evolution” in relation to becoming (Deleuze and Guattari, 11). Deleuze also states that becoming is not a “phenomena of imitation or assimilation”. Rather, it is an encounter, “a double capture” (Deleuze and Parnet 2) between heterogeneous elements. There is no end or destination in becoming; it is constant change. I examine the transformative potential of becoming to elicit signs of hope in these novels. David Lurie, the self-absorbed womaniser and arguably rapist, becomes-dog by the end of Disgrace. How does this contribute to any sense of redemption and consequently hope? And how does hope emanate from the beaten, broken, brutally raped Mala Ramchandin in Cereus Blooms at Night? At heart, this paper is an acknowledgment of the unique relation literature has with life and the enriching insight that it may provide into the expression of hope.

Settling sexual harassment complaints - what benefits does ADR offer?

Sexual harassment complaints are predominantly resolved through confidential alternative dispute resolution (ADR) processes rather than a tribunal hearing, so very little is known about the type of complaints which are made or how they are being resolved. This secrecy has created problems for the law’s development and its effectiveness. This article compares settlement agreements negotiated through ADR with tribunal orders, so as to identify whether ADR offers any additional benefits to the process of addressing sexual harassment and to identify changes to the process which would increase the law’s effectiveness while maintaining the benefits of ADR. Very little is known about the type of settlements negotiated in this jurisdiction, so the secondary purpose of the study is to provide information about how sexual harassment is being addressed.

Measuring harm: governing the effects of child sexual abuse

By analysing published research, and holding focus group discussions with counsellors, my thesis examines how the demands and practice of psychological measurement, understood as a scientific activity, have shaped, produced and constrained professional research and therapy concerning the effects of child sexual abuse.

Rejecting sexual violence in conflict: significant progress; ongoing challenges

Conflicts in Rwanda and the former Yugoslavia and the work of related criminal tribunals established legal bases for rejecting tactical rape and sexual violence in war as violating international humanitarian and human rights law. The UN Security Council has acknowledged security threats posed by these violations. There remain significant challenges.

Sexual harassment of Australian female general practitioners by patients

In 2010, an Australian survey was undertaken to examine the nature and extent of female general practitioners’ experience of sexual harassment by patients and how they respond to such episodes. Previous research has shown the high prevalence of sexual harassment or abuse of medical practitioners, but little is known about the nature of harassment and responses of individual practitioners.

Honk against homophobia : rethinking relations between media and sexual minorities

The theory of “symbolic annihilation” or “symbolic violence” has been used in academic literature to describe the way in which sexual minorities have been ignored, trivialized, or condemned by the media. This article aims to de-center research from issues of media representation to consider the capacity for minority groups to proactively use new media and its various avenues for interactivity, social networking, and feedback to fight social exclusion. This work suggests that new media has become a space in which the nominally marginal in society may acquire “social artillery”—a term used to describe how sexual minorities utilize their expanding and more readily accessible social connections in digital space to combat instances of homophobia. The research draws on the results of an inquiry into the relation between media and a regional youth social justice group in Australia tackling homophobia. The research demonstrates that the group is becoming increasingly adept and comfortable with using a cross-section of media platforms to fulfill their own objectives, rather than seeing themselves as passive subjects of media representation. This article argues that this sets an example for other socially excluded groups looking to renegotiate their relation with the media in regional areas.